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I owe the IRS approximately $15,000. I have filed for disability and am told that if my disability case is approved, that I

Dallas, TX |

should be receiving backpay effective from the date of my disability or when i filed for disability. Will the IRS keep my backpay if they have already filed a lien against me? From what I understand, a lien and a levy are two different things and they have not yet filed a levy against my checking account. Thank you.

Attorney Answers 3


  1. This is really a creditor question. You should speak with an attorney who specializes in IRS problems. Regarding possible back social security disability benefits, you of course must first win. Then, generally, if you have not filed an earlier application for SSDI (Social Security disability insurance) benefits you will only receive back monthly benefits for a maximum of 12 months prior to the date you apply for benefits, regardless of when you became disabled. SSI benefits begin in the first full month after your application for SSI benefits.

    Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area of law regarding your question. The information provided is for informational purposes only and is not legal advice.


  2. Hope the following helps

    Under the Federal Payment Levy Program (FPLP), the IRS can take 15 percent of your monthly SSDI benefits to make up for any unpaid federal taxes. Tax debt is different from non-tax debt in that the first $750 of your monthly benefit is not protected in this case. The IRS takes 15 percent, even if that means you are left with less than $750 per month.

    Before the IRS starts reducing your SSDI benefit, it will send you a final notice. Then, you have 30 days to either pay the tax or work out a payment agreement with the IRS. If you don’t work out a payment agreement in 30 days, the IRS then will start deducting 15 percent from your monthly SSDI benefit to pay the tax.

    The IRS may determine that you cannot pay the debt because of economic hardship or a lower income. In this case, it can temporarily hold off on trying to collect the debt. But the debt doesn’t go away. The IRS will continue to add on penalties and interest. You also can try to get an Offer in Compromise (OIC), where the IRS agrees to accept less than the full amount that you owe.

    A word of caution: The IRS has 10 years from the date they assessed the tax to collect unpaid taxes. If this deadline is coming up, the IRS can issue a “paper levy” to the Social Security Administration so that they can take all of your SSDI benefits to pay the tax.

    Hope this helps. If you think this post was helpful, please check the answer was a good answer tab below. Thanks. Mr. Geffen is licensed to practice law throughout the state of Texas with an office in Dallas. He is authorized to handle IRS matters throughout the United States and is licensed to practice in US Tax Court as well as The Court of Claims. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.


  3. The federal governmnet can and will keep some of your back due benefits to account for the debt you owe. The rest of your questions really need posted under creditors right questions.

    Good luck to you.

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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